OFFICE OF EDUCATIONAL SERVICES
TO: ��������������� All
Certificated Staff, Classified Staff and Mental Health Employees
FROM: ��������� Rosemary
Ecker -Director of Pupil Personnel Services
DATE: ���������� February
25, 2004
SUBJECT:����� PROCEDURES
FOR REPORTING CHILD ABUSES
Child Abuse is
defined as physical, sexual and mental abuse, and neglect, perpetuated by an
adult
or
an older child.
All
certificated staff members are mandated by law to report orally and to file a
written report within 24 hours when the staff member has suspicion or knowledge
of such abuse. All reports are kept confidential and may be disclosed only to
persons or agencies to whom disclosure of the identity
of the reporting party is permitted under PC 11167. All persons reporting
suspected child abuse are immune to lawsuits. Any person who has suspicion or
knowledge of abuse and does not report it is liable to a fine of $1,000.00.
District
procedures to follow when there is suspicion or knowledge of any abuse:
1.
Fill out a Suspected Child Abuse Report
(11166 PC). To obtain form, see principal, assistant principal, counselor,
nurse or secretary. School employees are required to give their name on the
form and the school address should be used.
2.
Person making report must call the
Child Abuse Hot Line at 1(800) 540-4000 and give all pertinent details as well
as recording the reference number they give you on the form before carrying the
Suspected Child Abuse Report to the Office of Educational Services. If there
are visible signs of physical abuse or the perpetrator of sexual abuse is in
the proximity, then call the Juvenile Division of the Police Department as
well.
3.
Hand carry
Suspected Child Abuse Report to Office of Educational Services and give to Mrs.
Fernandez within 24 hours of suspicion or knowledge of abuse. Please do not
call in anonymous reports or follow-up on a report with the Police Department.
Also they do not consider sibling rivalry child abuse.
If any person
suspects or has knowledge that the abuse is continuing, then another report
needs to be completed. It is not unusual to notify the police and file a report
more than once on the same child. The important factor is that we help to
curtail all forms of child abuse.
RE:ef
by Lillie V. Wilson.
When it is
determined by a child protective service agency (which is defined under
existing law as including a police or sheriff�s department) that a suspected
child abuse victim should be interviewed at school concerning reports of child
abuse that occurred within the child's home, the following procedure is
recommended:
�
The child protective service representative should
identify him/herself to the principal or administrator in charge and state the
purpose for coming to the school. Identification should include verification of
their employment as a Children's Services representative, a police or a sheriff
deputy.
�
The child protective agency
representative should understand that it may not be appropriate for the principal
to produce the student upon demand.�
Example, the student may be involved in testing, assessment, or other
special class activity making the interview more appropriate at another time.� Calling in advance would eliminate this
potential problem.
�
The student should be told by the
representative from the protective agency, in the presence of the principal or
designee, that he/she may select an adult who is a member of the school staff
to be with them during the interview, if they so desire.
�
The purpose of the staff person�s
presence at the interview is to lend support to the child and enable him or her
to be as comfortable as possible.
�
The selected member of the staff may not
participate in the interview.
�
The selected member of the staff shall
not discuss the facts or circumstances of the case with the child.
�
The selected member of the staff is
subject to the confidentiality requirements of child abuse reporting and
violations of such are punishable by law.
�
The principal or site administrator shall
inform the selected staff member of these requirements prior to the interview.
The staff member may decline the request of the child to be present at the
interview.
�
The child may select any adult who is a
member of the staff of the school, including any certificated or classified
employee or volunteer aide.
�
The interview is to be held at a time
during school hours when it does not involve an expense to the school.
�
When the child is to be removed from. school and taken into custody by the child protective service
representative, the principal or designee must be informed. . The
representative must leave his/her name and phone number where he/she may be
reached and where the child is being taken. The school official shall provide
the representative with the name, address and phone number of the pupil's
parents or guardian.
�
The representative must declare if they
will contact the parent or guardian within twenty-four hours regarding the
removal of the child from school. If not, then the school administrator must
inform the parents of the removal and where the child was taken.
�
When the location of a child is not to be
disclosed to the parents, the Children's Services representative must point
this out to the principal or designee. In this case, it is advisable for the
school to get the name of the representative's supervisor and phone number as a
back-up when the representative cannot be reached.
by Phil D. Kauble
The mandate
that employees designated as "child care custodians" for "child
protective agencies" are required to report suspected child abuse is
well documented and reasonably understood. However, confusion continues to
exist regarding internal procedures which may be established by such agencies
for the purpose of facilitating and recording the reporting process.
Penal Code (PC) �11166 requires that
any child care custodian, health practitioner, or employee of a child
protective agency who knows or reasonably suspects child abuse shall report the
suspected incident to a child protective agency immediately or as soon as
practically possible by telephone and shall prepare and send a written report
there within 36 hours.
This section
further provides that reporting duties under this section are individual, and
no supervisor or administrator may impede or inhibit the reporting duties and
no person making such a report shall be subject to any sanction for making the
report. However internal procedures to
facilitate reporting and apprising supervisors and administrators of reports
may be established provided that they are not inconsistent with the provisions
of this article.
Any supervisor
or administrator who impedes or inhibits a person's reporting duties will be
subject to a jail term not to exceed six months or a fine of not more than one
thousand dollars or both. Formerly � 11166-1, Renumbered
Stats 1988 Ch 269, �11166.
PC �11167
specifies, in part, that the identity of all persons required to report cases
of suspected child abuse reports
shall be held confidential and .may be disclosed only to persons or agencies to
whom disclosure of the identity of the reporting party is permitted under PC �
11167.
The major thrusts of these sections cited are to insure that child abuse reporting rights are not violated while providing for confidentiality and the protection of the reporting party.
As previously stated, the suspected child abuse reporting law does allow for the development of internal procedures to facilitate the proper handling and disposition, of filings. However, such procedures must not conflict with other provisions of law. To assist with this development, the following are suggested guidelines which districts may wish to explore:
Option 1: A suspected child abuse report shall
remain in the sole possession of the person filing the report.
�
�
This practice will insure compliance with
the law in the event
the reporting party is accused of not filing a required
report of suspected child abuse. The total responsibility for filing the
report, maintaining confidentiality and individual protection, and defending
oneself in the event of a challenge, is placed solely in the care of the
reporting party.
Remember, PC � 11167 allows that the reporting party is not
required, nor may they be directed by local policy, to disclose any information
related to filing of the report.
Option 2: A notation of a suspected child abuse
report may be included in the pupil record. Such a notation would include a
notation that a report was filed, the reporting date, and the agency with which
the report is filed.
�
The placing of information related to a
report of suspected child abuse in the pupil file should only be done pursuant
to Board policy. Furthermore, this is done at the discretion of the reporting
party. This option affords additional protection to the district as it serves
to verify that a report was filed, and to the victim
by providing an ongoing record if the pupil should move or transfer.
Prudent practice would seem to dictate that references to
the filing of a child abuse report should be maintained in the pupil's health
record and that proper maintenance procedures be adopted pursuant. to Title 5,
Option 3: A notation of suspected child abuse may
be maintained in a centralized file established for the purpose of providing a
record to establish that such reports were filed as required.
�
This suggestion would be combined. with the
provisions of Option 2, and thus provide additional protection for the district
and the- person filing the report. A centralized file would seem to provide an
easier means for a district superintendent or his designee to verify that
suspected child abuse reports have been reported as required by law.
Caveats: Final Warnings
District
guidelines and procedures for the proper handling and filing of suspected child
abuse reports should be clearly established and developed by the local
governing board. When developing local policies, it is strongly recommended
that districts adhere to the following warnings:
�
Never
place a copy of the original child abuse report in the pupil
record file.
�
Do
not forward a copy of a child abuse report to other
school districts in the event a pupil moves or transfers.
�
Do
make a notation of known reports in the pupil record file.
It is recommended that the pupil's health record be used for this purpose.
�
�
Include
only information related to the suspected act, the
filing date of .the report, and the agency to which the report was submitted in
the pupil record file.
Finally,
districts should not overlook the option of referring a pupil to the school
nurse when abnormalities, behavior concerns, or health problems indicate
suspected child abuse. This practice does not preclude a "child care
custodian" from filing a suspected child abuse report with the proper
child protective agency. However, it does provide the opportunity to record
health-related information in the pupil's health file without making specific
reference to the filing of a suspected child abuse report.
Special appreciation is extended to Martha Torgow, deputy
county counsel, Count of �